British Columbia · CCAA
Affidavit #1 of Daniel Pollack sworn January 6, 2025
Affidavit · 6 January 2025
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What we verified from this filing11 verified
- secured creditorsnote: Senior secured creditor re Brentwood Tower C. Comprised of First Mortgage Loan $126,932,331.66; Second Mortgage Loan facility 1 $53,031,004.54; facility 2 $9,232,702.01, plus accruing interest ($53,862.90/day) and costs. Demand for payment made Dec 27, 2024; NOI to enforce security also issued same date. · page: 8 · as of: 2024-12-27 · amount: 189196038.21 · debtor: Lumina Eclipse Limited Partnership and Beta View Homes Ltd. · creditor: KingSett Mortgage Corporation · currency: CAD · security: First Mortgage (registered principal $95,000,000, LTO CA9151198/CA9151199); Second Mortgage (registered principal $62,500,000, LTO CA9151200/CA9151201); First GSA (PPR 065925N) and Second GSA (PPR 065937N) over Nominee's personal property; beneficial owner's direction/acknowledgement/security agreements
- secured creditorsnote: Registered principal amounts of collateral mortgages securing guarantees of related-party debtors' obligations to KingSett (not the Respondents' own primary debt); amounts are registration/principal figures, not outstanding balances. · page: 11 · debtor: Beta View Homes Ltd. (Nominee, as guarantor) · creditor: KingSett Mortgage Corporation · currency: CAD · security: Six collateral mortgages/assignments of rents against Brentwood Tower C: CA9469147/CA9469148 ($61,000,000 principal, re guarantee of Minoru Square Development LP); CA9774693 ($80,000,000 principal, re guarantee of Minoru Square Development LP); CB685881 ($110,000,000 principal, re guarantee of Lumina Eclipse LP); CB1229020/CB1229021 ($176,500,000 principal, re guarantee of 6511 Sussex Heights Development Ltd. - 'Sussex Collateral Mortgage', also registered against Strata Lots); CB1229026 ($124,000,000 principal, re guarantee of Lumina Eclipse LP); CB1524901 ($70,000,000 principal, re guarantee of Lumina Eclipse LP)
- secured creditorsnote: Judgment obtained June 30, 2023; registered against title December 16, 2024 (KingSett became aware Dec 16, 2024). Plus interest accruing pursuant to the Income Tax Act. Registration constitutes an event of default under KingSett's Commitment Letters. · page: 12 · as of: 2023-06-30 · amount: 11996763.09 · debtor: Lumina Eclipse Limited Partnership and Beta View Homes Ltd. · creditor: Canada Revenue Agency · currency: CAD · security: Judgment registered as a charge (CRA Charge, LTO registration CB1757236) against Brentwood Tower C and the Strata Lots
- secured creditorsnote: Indebtedness related to recruitment services in connection with construction project; individual claimant (not personal guarantee - actual lien claimant). · page: 13 · amount: 69000 · debtor: Beta View Homes Ltd. · creditor: Shezmin Kurshid Alam Khan · currency: CAD · security: Claim of Builders Lien HB9235 against Brentwood Tower C
- secured creditorsnote: Indebtedness related to miscellaneous metal work for construction project. · page: 13 · amount: 91043.54 · debtor: Beta View Homes Ltd. · creditor: Clearbrook Iron Works Ltd. · currency: CAD · security: Claim of Builders Lien CB1690183 against Brentwood Tower C
- secured creditorsnote: Indebtedness related to temporary fencing services for construction project. · page: 13 · amount: 2872.2 · debtor: Beta View Homes Ltd. · creditor: Super Save Fence Rentals Inc · currency: CAD · security: Claim of Builders Lien CB1730467 against Brentwood Tower C
- secured creditorsnote: Senior secured creditor with respect to Strata Lots (per para 35). KingSett agreed under a Coast Priority Agreement dated March 26, 2024 to subordinate its security to Coast and standstill on enforcement re Strata Lots. Blanket all-obligations mortgage; no specific amount stated. · page: 13 · debtor: Beta View Homes Ltd. · creditor: Coast Capital Savings Federal Credit Union · currency: CAD · security: Mortgage and Assignment of Rents CA8924790/CA8924791 against the Strata Lots - secures all debts of the Nominee due and owing to Coast
- secured creditorsnote: Indebtedness related to crane services for construction project. · page: 13 · amount: 6451.65 · debtor: Beta View Homes Ltd. · creditor: Mega Cranes Ltd. · currency: CAD · security: Claim of Builders Lien BB1552360 against Brentwood Tower C
- secured creditorsnote: Table labels figure as 'Principal Amount'; treated as registered principal, not confirmed outstanding balance. · page: 13 · debtor: Beta View Homes Ltd. · creditor: Westmount West Services Inc. · currency: CAD · security: Mortgage and Assignment of Rents CB9317/CB9318 - mortgage on land, registered/principal amount $50,000
- secured creditorsnote: Blanket all-obligations mortgage; no specific amount stated. · page: 13 · debtor: Beta View Homes Ltd. · creditor: Coast Capital Savings Federal Credit Union · currency: CAD · security: Mortgage and Assignment of Rents CB1652776/CB1652777 against Brentwood Tower C - secures all debts of the Nominee due and owing to Coast
- secured creditorsnote: Multiple per-lot Strata Property Act liens for amounts owing; components listed, not summed per reporting rules. · page: 14 · debtor: Beta View Homes Ltd. · creditor: The Owners of Strata Plan EPS6882 (Strata Corporation) · currency: CAD · security: Strata Property Act liens registered against individual Strata Lots: CB1598449 (Lot 281) $2,590.24; CB1598442 (Lot 282) $3,900.59; CB1674335 (Lot 287) $12,162.64; CB1598391 (Lot 290) $3,626.35; CB1598383 (Lot 291) $3,687.29; CB1598380 (Lot 293) $3,687.29; CB1598363 (Lot 296) $3,687.28; CB1598329 (Lot 503) $3,717.74; CB1598044 (Lot 505) $3,534.93; CB1598204 (Lot 506) $3,626.35; CB1598207 (Lot 508) $4,631.96; CB1598206 (Lot 509) $3,534.93; CB1598452 (Lot 510) $4,113.91